DIVISION 7. R-6 AND R-6A RESIDENTIAL ZONES* The purpose of the R-6 residential zone is:

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1 Date of Draft: March 6, 2015 DIVISION 7. R-6 AND R-6A RESIDENTIAL ZONES* Sec Purpose. The purpose of the R-6 residential zone is: (a) To set aside areas on the peninsula for housing characterized primarily by multifamily dwellings at a high density providing a wide range of housing for differing types of households; and to conserve the existing housing stock and residential character of neighborhoods by controlling the scale and external impacts of professional offices and other nonresidential uses. (b) In cases of qualifying small, vacant, underutilized lots located in the urban residential and business zone, to encourage new housing development consistent with the compact lot development pattern typically found on the peninsula. The purpose of the R-6A residential zone is: (c) To encourage neighborhood livability with higher density multi-family housing on large parcels located off the peninsula. The zone is appropriate in areas that are along major public transportation routes, near service areas, and in redevelopment (underutilized) or infill areas. Sec Permitted uses. The following uses are permitted in the R-6 and R-6A residential zones: (a) Residential: 1. Single- and two-family dwellings. No building reviewed as a two-family dwelling in accordance with section article V (site plan) of this chapter shall be altered to include any additional dwelling unit within five (5) years from the date of issuance of the building permit. Any building reviewed as a two-family dwelling in accordance with article V (site plan) of this chapter or not reviewed under article V, which is 1

2 Date of Draft: March 6, 2015 altered or enlarged to include any additional dwelling unit after this five-year period, shall be reviewed as a pursuant to article V of this chapter. 2. Multifamily dwellings., provided that any alteration of a structure in residential use on December 2, 1987: a. Shall not result in the creation of any additional dwelling unit of less than six hundred (600) square feet of floor area, exclusive of common hallways and storage in basement and attic; and b. Shall not result in any existing dwelling unit being reduced in size to less than one thousand (1,000) square feet of floor area, exclusive of common areas and storage in basement and attic; Sec Dimensional requirements. a. In addition to the provisions of division 25 (space and bulk regulations and exceptions) of this article, lots in the R-6 and R-6A zones shall meet or exceed the following minimum requirements: 2

3 Date of Draft: March 6, 2015 Minimum Lot Size Min. Lot Area/Dwelling Unit Minimum Lot Area/Lodging House Rooming Unit Minimum land area per intermediate care facility resident R-6 Dimensional Requirements Residential Uses: 2,000 sf, except that in R-6A the min. residential lot size is four (4) acres. Long term and extended care facilities: Ten thousand (10,000) square feet for the first nine (9) residents plus seven hundred fifty (750) square feet for each additional resident, up to a total of two (2) acres. Intermediate care facility: One (1) acre. School: Thirty thousand (30,000) square feet. Places of assembly: Large, 15,000 sf; Medium, 10,000 sf; Small, 5,000 sf. Hospital: Two (2) acres All other uses: 2,000 sf 725 s.f. 250 s.f 250 s.f Minimum land area per permitted hostel guest when maxim250 s.f Street Frontage 20 feet Minimum Front Yard Setback for Principal and Accessory Structures 5 ft, or no more than average depths of adjacent front yards. Minimum Rear Yard Setback for Principal and Accessory Structures Minimum Side Yard Setback for Principal and Accessory Structures Side Yard on Side Street Structure Stepbacks 10 feet, except that accessory structures with a ground coverage of one hundred and forty-four (144) square feet or less: Five (5) feet. All setbacks for swimming pools shall be as provided for in section , Swimming pools, of this article. 5 ft, except that a side yard in the R-6 zone may be reduced to zero, provided that the cumulative side yard setbacks are not less than 10 ft. A permanent maintenance easement a minimum of 5 ft. in width shall be provided on the parcel adjacent to the lot line with the reduced side setback. Side yards in R-6A shall be 10 ft. for principal structures up to 45 ft. in height and 15 ft. for principal structures greater than 45 ft.in height. None Maximum Lot Coverage 60% Minimum Lot Width Maximum Height Landscaped Open Space Minimum gross floor area for bed and breakfasts Maximum floor area for places of Assembly Maximum Garage Opening Portions of a structure above 35 ft shall be no closer than 10 ft from the side property line and no closer than 15 feet from the rear property line when such property line abuts a residential zone. Does not apply to side yards on side streets. 20 feet Principal and attached accessory structure: 45 ft Detached accessory structure: 18 ft In R-6A the maximum principal and attached accessory structure height shall be 65 ft. 20%. This area shall not include parking areas or other impervious surfaces as defined in section Two thousand (2,000) square feet of gross floor area for the first three (3) guest rooms and five hundred (500) square feet of floor area for each additional guest room. On a collector or arterial road: Large: Not limited Medium: 4,500 s.f. Small: 2,250 s.f. Not on a collector or arterial road: Large: 4,500 s.f. Medium: 2,250 s.f. Small: 1,125 s.f. Garage openings on front façades shall not exceed the greater of nine (9) feet or forty (40) percent of the front façade, and in no case shall a garage opening on a front façade exceed 20 feet. b. Townhouse Subdivisions Subdivisions consisting of horizontally attached dwellings on individual lots are not required to have side yards between such 3

4 Date of Draft: March 6, 2015 dwellings where a party wall condition will exist. Horizontally attached dwellings located within a single lot shall be required to meet the applicable side yard requirements at the external lot boundaries of the subdivision and internal lot boundaries between such dwellings that are not attached to each other. No minimum lot size, width shall be required for individual lots underlying townhouse (horizontally attached) dwelling types. The applicable minimum lot area per dwelling shall apply to each lot. C. Single-family, two-family, and multi-family dwellings in existence as of (date of enactment) shall not result in the creation of any additional dwelling unit of less than six hundred (600) square feet of floor area, exclusive of common hallways and storage in basement and attic; and Shall not result in any existing dwelling unit being reduced in size to less than one thousand (1,000) square feet of floor area, exclusive of common areas and storage in basement and attic. (a) Minimum lot size: 1. Residential: Forty-five hundred (4,500) square feet, except as provided for lots of record in section (lots of record and accessory structure setbacks for existing buildings) of this article. 2. Reserved. 3. Long-term and extended care facilities: Ten thousand (10,000) square feet for the first nine (9) residents plus seven hundred fifty (750) square feet for each additional resident, up to a total of two (2) acres. 4. Intermediate care facility: One (1) acre. 5. School: Thirty thousand (30,000) square feet. 6. Places of assembly; Large Medium Small 30,000 sq. ft. 15,000 sq. ft. 7,500 sq. ft. 4

5 Date of Draft: March 6, Municipal use: Forty-five hundred (4,500) square feet. 8. Hospital: Two (2) acres. 9. All other uses: Forty-five hundred (4,500) square feet. 10. Lodging house: Four thousand five hundred (4,500) square feet. (b) 1. Minimum area per dwelling unit: One thousand (1,000) square feet per dwelling unit; and in the case of building additions and new construction, one thousand two hundred (1,200) square feet for each dwelling unit after the first three (3) units. This requirement may be reduced by up to twenty (20) percent for a special needs independent living unit. 2. Minimum rooming unit areas for lodging houses: Two hundred (200) square feet of combined rooming unit and common area for each rooming unit. Each individual rooming unit shall be a minimum of eighty (80) square feet. 3. Minimum land area per lodging house rooming unit: Two hundred fifty (250) square feet. 4. Minimum land area per intermediate care facility resident: Eight thousand (8,000) square feet for the first thirty-five (35) residents, plus three hundred fifty (350) square feet for each additional resident. (c) Minimum street frontage: Forty (40) feet. (d) Minimum yard dimensions: (Yard dimensions include setbacks of structures from property lines and setbacks of structures from one another. No structure shall occupy the minimum yard of another structure.) 1. Front yard: Principal or accessory structures: Ten (10) feet. 5

6 Date of Draft: March 6, 2015 A front yard need not exceed the average depth of front yards on either side of the lot. A lot of record existing as of June 5, 1957, and less than one hundred (100) feet deep need not be deeper than twenty (20) percent of the depth of the lot. 2. Rear yard: a. Principal and attached accessory structures with ground coverage greater than one hundred (100) square feet: Twenty (20) feet. b. Detached accessory structures with a ground coverage of one hundred and forty-four(144) square feet or less: Five (5) feet. c. Setbacks for swimming pools shall be as provided for in section (swimming pools) of this article. 3. Side yard: a. Principal and attached accessory structures with ground coverage greater than one hundred (100) square feet: Height of Structure Required Side Yard 1 story feet 2 stories feet 3 stories feet 4 stories feet 5 stories feet The width of one (1) side yard may be reduced one (1) foot for every foot that the other side yard is correspondingly increased, but no side yard shall be less than ten (10) feet. In the case of a lot of record existing as of June 5, 1957, and held under separate and distinct ownership from adjacent lots, the required side yard may be reduced in order to provide a buildable width of up to twenty-four (24) feet, but in no case shall 6

7 Date of Draft: March 6, 2015 the resulting side yards be less than ten (10) feet. b. Detached accessory structures with ground coverage of one hundred and forty-four(144) square feet or less: Five (5) feet. c. Setbacks for swimming pools shall be as provided for in section (swimming pools) of this article. 4. Side yard on side streets: a. Principal or accessory structures: Ten (10) feet. (e) Maximum lot coverage: Forty (40) percent of lot area for lots which contain twenty (20) or more dwelling units; fifty (50) percent for lots which contain fewer than twenty (20) dwelling units. (f) Minimum lot width: Fifty (50) feet. (g) Maximum structure height: Principal and attached accessory structure: Forty-five (45) feet. Accessory detached structure: Eighteen (18) feet. (h) Open space ratio: 1. Uses other than bed and breakfast. Twenty (20) percent for those lots which contain fewer than twenty (20) dwelling units; thirty (30) percent for those lots which contain twenty (20) or more dwelling units. This area shall not include parking areas or other impervious surfaces as defined in section Bed and breakfasts. A bed and breakfast that is located on a lot that has at least twenty (20) percent open space on the date of filing of the application for Site Plan shall not reduce the open space on the lot below twenty (20) percent of the lot area. A bed and breakfast located on a lot that does not have at least twenty (20) 7

8 Date of Draft: March 6, 2015 percent open space on the date of filing of the application for Site Plan review, and that is legally nonconforming as to the open space requirement of this section, shall not reduce the open space on the lot below the level in existence on the date of the application for Site Plan review. Open space areas shall not include parking areas or other impervious surface areas as defined in section (i) A below-grade dwelling unit shall be permitted only if the primary access for the dwelling unit is provided directly to the outside of the building. (j) Minimum gross floor area for bed and breakfasts: Two thousand (2,000) square feet of gross floor area for the first three (3) guest rooms and five hundred (500) square feet of floor area for each additional guest room. (k) Maximum floor area for places of assembly on a collector or arterial road: Large Medium Small Not limited 4,500 sq. ft. 2,250 sq. ft. (l) Maximum floor area for places of assembly not on a collector or arterial road: Large Medium Small 4,500 sq. ft. 2,250 sq. ft. 1,125 sq. ft. (2) Small residential lot development: Residential uses on small, vacant lots located in the R-6 are subject to Site Plan review and may use the dimensional requirements below if all of the following conditions are met: The lot is: Vacant or is used exclusively for parking or contains structure not used for residential purposes as of January 1, 2005; and the lot existed as of January 1,

9 Date of Draft: March 6, 2015 (a) Minimum lot size: None (b) Maximum lot size: Ten thousand (10,000) square feet. (c) Yard dimensions: 1. Front yard: No more than ten (10) feet. 2. Rear yard: None, except that rear yards between two (2) buildings on the same or different lots shall maintain a minimum ten (10) foot setback between buildings or the sum of the heights of the abutting buildings and proposed buildings divided by five (5), whichever is greater; and that either the rear yard or one of the side yards shall be at least fifteen (15) feet; provided, however, detached accessory structures with a ground floor area of one hundred (100) square feet or less need not have a setback more than five (5) feet from the property line. Not withstanding the foregoing, no structure shall be closer than four (4) feet to side property line. 3. Side yard: None, except that side yards between two (2) buildings on the same or different lots shall maintain a minimum ten (10) foot setback between buildings or the sum of the heights of the existing buildings and proposed buildings divided by five (5), whichever is greater and that either the rear yard or one of the side yards shall be at least fifteen (15) feet; Provided, however, detached accessory structures with a ground floor area of one hundred (100) square feet or less need not have a setback more than five (5) feet from the property line. Notwithstanding the foregoing, no structure shall be closer than four (4) feet to side property line. On a corner lot no side yard is required on that side of the lot which abuts any street. A principal structure on a corner lot shall not be more than ten (10) feet from the street. 9

10 Date of Draft: March 6, 2015 (d) Minimum principal structure height: Two (2) stories of living space above the grade of the adjacent street frontage, except for porches, entryways, attached garages and accessory detached structures. (e) Maximum principal structure height: Forty five (45) feet. (f) Open space requirement: All lots used for residential purposes shall provide an attached exterior deck, porch, patio or balcony for each dwelling unit, except where a designated open space equal to ten (10) percent or more of the lot area is located on site and maintained as open space, then the number of exterior decks, porches, patios or balconies may be reduced by up to fifty (50) percent. The designated open space, if provided, shall have a minimum width and length of at least fifteen (15) feet, a slope of no greater than ten (10) percent and shall be used exclusively as recreational open space i.e. it shall not be used for vehicular circulation, parking, etc.. All required decks, porches, patios or balconies shall meet the requirements of the Planning and Development Design Manual. (g) Minimum lot width: None. (h) Minimum land area per dwelling: twenty-five (725) square feet. Seven hundred and Sec Other requirements. (a) Off-street parking: Off-street parking is required as provided in division 20 (off-street parking) of this article, except that required parking for residential building additions shall be located on the same lot. For small, vacant lots which meet, and are developed under, the dimensional standards of (2) above, the following offstreet parking requirements shall apply: 1. One (1) parking space per dwelling unit is required and shall be located on the same lot; and 2. The technical and Design Standards for driveway design for one and two-family buildings (Section II, Traffic 10

11 Date of Draft: March 6, 2015 Design Standards and Guidelines) shall apply to projects with up to four units and with no more than four parking spaces; (b) Storage of vehicles: Only one (1) unregistered motor vehicle may be stored outside on the premises for a period not exceeding thirty (30) days. (c) Shoreland and flood plain management regulations: Any lot or portion of a lot located in a shoreland zone as identified on the city shoreland zoning map or in a flood hazard zone shall be subject to the requirements of division 26 and/or division (d) Small residential lot development shall conform to the Site Plan standards of

12 Date of Draft: March 6, 2015 Amendments to Section Definitions Lot: Except when reference is made herein to a lot of record, a lot is a single tract of land located within a single block which at the time of filing for a building permit or certificate of occupancy is designated by its owner or developer as a tract to be used, developed, or built upon as a unit under single ownership or control. A parcel or area of land that is designated as an individual unit for use, development or ownership that is either a) a lot of record, recorded in the Cumberland County Registry of Deeds; or b) a contiguous combination of such lots of record under common ownership; or c) a newly established parcel meeting all the dimensional requirements of the zone in which it is located.

13 Date of Draft: March 6, 2015 Amendments to Section Lots of record and accessory structure setbacks for existing buildings Sec Lots of record and accessory structure setbacks for existing buildings. 1. Lots of Record. Lots of record that meet the minimum standards provided below shall be considered buildable lots. (a) Notwithstanding any other language in this ordinance, Any lotlots of record as of June 5, 1957, may be considered a buildable lot in any residential zone provided the applicable yard dimensions can be met; and held under separate and distinct ownership from adjacent lots and provided that a minimum having a street frontage of forty (40) feet can be met, or to which a means of access has been previously approved by the city council as provided elsewhere in this article;, may be considered a buildable lot in any residential zone except as provided below for island residential zones, and provided such lots have with a minimum lot size of five thousand (5,000) square feet, except that a lot in the R-6 zone may have a minimum lot size of three thousand (3,000) square feet, or the applicable minimum lot size and frontage in that zone, whichever is less provided that the applicable yard dimensions can be met. (b) (c) (a) A lot in the R-1, R-2, R-3, R-4, R-5, R-5A or R-6 zones that was described in a subdivision plat approved by the Planning Board after June 5, 1981, or a lot of record that conformed to the applicable lot size requirement, lot width and street frontage as of June 5, 1984, shall be considered a buildable lot, provided that the applicable yard dimensions can be met. Any lot of record as of July 15, 1985, and held under separate and distinct ownership from adjacent lots and meeting the applicable street frontage requirements of that time may be considered a buildable lot in the IR-1 and IR-2 zones, provided that the applicable yard dimensions can be met and provided further that a lot in the IR-1 zone shall have a minimum area of ten thousand (10,000) square feet and a lot of the IR-2 zone shall have a minimum area of six thousand five hundred (6,500) square feet unless it is served by both public sewer and

14 Date of Draft: March 6, 2015 (c) (b) (d) (e) public water, in which case it shall have a minimum area of five thousand (5,000) square feet. A lot in the IR-1, IR-2 and I-B zones that was described in a subdivision plat approved by the Planning Board after July 15, 1982, shall be considered a buildable lot, provided that the applicable yard dimensions can be met. Contiguous lots of record under common ownership shall be deemed to be separate lots, provided that they either meet the minimum lot area and minimum frontage of the zone in which they are located, or the minimum applicable standards of (a-d). 2. Accessory Structures and Building Additions. Where such a lot has a principal structure which existed as of July 19, 1988, an accessory structure or building addition may be located within the following side and rear yards, provided that the normal applicable yard requirements cannot be met provided, however, that less restrictive zoning requirements which meet the requirements contained within (b) for residential small lot development shall apply: a. R-1, R-2: Rear yard: Ten (10) feet. Side yard: Five (5) feet. b. R-3, R-4, R-5, R-5A, R-6: Rear yard: Five (5) feet. Side yard: Five (5) feet. (3). Conversion of Accessory Structures to Dwelling Units: Any detached or accessory structure in the R-4 or R-6 zones, with a ground coverage exceeding two hundred fifty (250) square feet and which was in existence on January 1, 1940, may be converted to dwelling uses without meeting front, side or rear year set backs, provided there is no enlargement of any nonconforming portion of the existing building footprint and provided the conversion will conform to the minimum land area per dwelling unit. Any lot of record as of July 15, 1985, and held under separate and distinct ownership from adjacent lots and meeting the applicable street frontage requirements of that time may be

15 Date of Draft: March 6, 2015 considered a buildable lot in the IR-1 and IR-2 zones, provided that the applicable yard dimensions can be met and provided further that a lot in the IR-1 zone shall have a minimum area of ten thousand (10,000) square feet and a lot of the IR-2 zone shall have a minimum area of six thousand five hundred (6,500) square feet unless it is served by both public sewer and public water, in which case it shall have a minimum area of five thousand (5,000) square feet. (d) A lot in the IR-1, IR-2 and I-B zones that was described in a subdivision plat approved by the Planning Board after July 15, 1982, shall be considered a buildable lot, provided that the applicable yard dimensions can be met.

16 Date of Draft: January 15, 2015 Parking Amendment v 1 Amendments to Section , Parking Sec Uses requiring off-street parking. Except as provided in Section , (exceptions) and (fee in-lieu of parking) of this division, for the uses listed below the following minimum offstreet parking requirements shall be provided and maintained in the case of new construction, alterations which increase the number of units, and changes of use: (a) Residential structures: 1. For new construction, two, (2) parking spaces for each dwelling unit, plus one (1) additional parking space for every six (6) units or fraction thereof.. 2. For alterations or changes of use in existing structures, which create new or additional dwelling units in such structures, and for accessory units pursuant to 14-68,78,88, one (1) additional parking spaces for each such unit. Existing parking spaces shall not be used to meet the parking requirements of this paragraph, unless the existing parking spaces exceed one (1) space for each dwelling unit. 3. For residential development on the peninsula (southerly of I-295 and Tukey s Bridge)and R-6 and R-6A zones. a. One (1) space per unit except that no parking shall be required for the first three (3) units in the R-6 Residential Zone; b. The required parking for multi-unit residential buildings may be partially met through provision of shared-use vehicles, which are vehicles owned and maintained by the owner/manager of the building and available for use on a fee basis to the residents of the building. One shared use vehicle shall be deemed to satisfy eight (8) required car spaces, but in no case shall more than 50% of the parking requirement be satisfied by shared vehicle use.

17 Date of Draft: January 15, 2015 Parking Amendment v 1 c. The planning board may establish a parking requirement that is less than the normally required number of spaces upon a finding of unique conditions that result in a lesser parking demand, such as housing for persons who cannot drive, housing that participates in a travel demand management program, availability of transit, or housing which includes permanent restrictions on automobile usage, and which is permanently restricted from utilizing resident on-street parking stickers.

18 Date of Draft: January 15, 2015 Parking Amendment v 2 Amendments to Section , Parking Sec Uses requiring off-street parking. Except as provided in Section , (exceptions) and (fee in-lieu of parking) of this division, for the uses listed below the following minimum offstreet parking requirements shall be provided and maintained in the case of new construction, alterations which increase the number of units, and changes of use: ; (a) Residential structures: 1. For new construction, two, (2) parking spaces for each dwelling unit, plus one (1) additional parking space for every six (6) units or fraction thereof.. 2. For alterations or changes of use in existing structures, which create new or additional dwelling units in such structures, and for accessory units pursuant to 14-68,78,88, one (1) additional parking spaces for each such unit. Existing parking spaces shall not be used to meet the parking requirements of this paragraph, unless the existing parking spaces exceed one (1) space for each dwelling unit. 3. For residential development on the peninsula (southerly of I-295 and Tukey s Bridge)and R-6 and R-6A zones. a. a. One (1) space per unit; bb. The required parking for multi-unit residential buildings may be partially met through provision of shared-use vehicles, which are vehicles owned and maintained by the owner/manager of the building and available for use on a fee basis to the residents of the building. One shared use vehicle shall be deemed to satisfy eight (8) required car spaces, but in no case shall more than 50% of the parking requirement be satisfied by shared vehicle use.

19 Date of Draft: January 15, 2015 Parking Amendment v 2 cc. The planning board may establish a parking requirement that is less than the normally required number of spaces upon a finding of unique conditions that result in a lesser parking demand, such as housing for persons who cannot drive, housing that participates in a travel demand management program, availability of transit, or housing which includes permanent restrictions on automobile usage, and which is permanently restricted from utilizing resident on-street parking stickers. Sec Zone specific off-street parking exceptions and modifications. The off-street parking requirements established for uses, established above in section of this division, are hereby modified for the following zones a according to the provisions described below. (a) IR-3, Island Residential Zone, Off-street parking: Off-street parking shall not be required irrespective of the requirements of division 20 (off-street parking) of this article. (b) USM Overlay Zone, parking: The parking requirements of section (division 2) shall not apply to university buildings. Instead, the amount of parking required for any university building or building addition shall be determined by the planning board during site plan review, based on an analysis of campus-wide parking demand and supply, pursuant to a comprehensive university parking management plan, and treating all contiguous land (including land on opposite sides of the street) owned by the university as one lot. In determining the amount of parking required for any university building, the planning board may take into account such factors as: 1. The availability of off-campus parking and shuttle transportation to and from such offcampus facilities. 2. The ratio of commuter students to resident students.

20 Date of Draft: January 15, 2015 Parking Amendment v 2 3. The use of centrally located on-campus parking facilities so situated that students, faculty, staff and visitors arriving on campus can reasonably be expected to park in the central facilities and walk to their various on-campus destinations during the course of a school day. 4. Shared use of a single parking facility by two or more buildings when the peak parking demand period for such buildings do not overlap. 5. Development and implementation of a parking management plan which discourages on-street parking. On-street parking shall not be used to satisfy the university s parking demand. 6. Development and implementation of programs designed to reduce the number of automobiles parking on campus, such as ride share programs and incentives for use of bicycles and public transportation. (c) Recreation open space zone: Off-street parking adequate to serve projected employee and visitor needs shall be provided. Parking needs projections provided by the applicant or the planning department should be considered in the review. (d) Change of use in the B-2b zone: 1. A change of use of 10,000 sq. ft. or less of floor area of a building or a portion of a building need not provide parking for non-residential uses, provided that if the number of existing parking spaces serving the site is less than the requirements of this division, that number of parking spaces may not be reduced lower than the required amount prior to the change of use except: a. To the extent necessary to meet the requirements of the Americans with Disability Act; or b. To the extent it is a requirement or a condition of site plan review; or c. To the extent the change of use requires less parking than the previous use and the total number of parking spaces serving the site

21 Date of Draft: January 15, 2015 Parking Amendment v 2 exceeds the parking requirements of this division for all uses on the site including the change of use. 2. A newly constructed building, a building addition or a change of the use of a building exceeding 10,000 sq. ft. of floor area, shall provide the parking required by this division. (e) B-3 Zone: No off-street parking is required for changes of use. (f) I-R1, Island Business Zone: Off-street parking shall be required at twenty-five (25%) percent of the required number of parking spaces for specified uses as provided in division 20 (off-street parking) of this article, except that residential uses shall meet the full parking requirement. (g) B-5 Zone: No off-street parking shall be required. (h) B-6 Eastern Waterfront Mixed Use Zone: Off-street parking for all projects regardless of size shall be governed by (c) of this article. (i) B-7, Mixed Development District Zone: Off-street parking for all projects regardless of size, shall be governed by (c) of this article. (j) Waterfront Zone parking requirements; Eastern Waterfront Port Zone; Waterfront Central Zone; Waterfront Port Development Zone; Waterfront Special Use Zone: Off-street parking is required at fifty (50%) percent of the required number of parking spaces for specified uses as otherwise provided in division 20 of this article. (k) R-6 Zone: Where creation of a new driveway opening would result in the loss of on-street parking, no offstreet parking is required for the first dwelling unit.

22 Minimum Lot Size Min. Lot Area/Dwelling Unit Minimum Lot Area/Lodging House Rooming Unit Minimum land area per intermediate care facility resident Residential Uses: 4,500 sf R-6 Dimensional Requirements Existing Long term and extended care facilities: Ten thousand (10,000) square feet for the first nine (9) residents plus seven hundred fifty (750) square feet for each additional resident, up to a total of two (2) acres. Intermediate care facility: One (1) acre. Proposed Residential Uses: 2,000 sf, except that in R-6A the min. residential lot size is four (4) acres. Long term and extended care facilities: Ten thousand (10,000) square feet for the first nine (9) residents plus seven hundred fifty (750) square feet for each additional resident, up to a total of two (2) acres. Intermediate care facility: One (1) acre. School: Thirty thousand (30,000) square feet. School: Thirty thousand (30,000) square feet. Places of assembly: Large, 30,000 sf; Medium, 15,000 sf; Small, 7,500 Places of assembly: Large, 15,000 sf; Medium, 10,000 sf; Small, 5,000 sf. sf. Municipal Use: 4,500 sf Municipal Use: 2,000 sf Hospital: Two (2) acres Hospital: Two (2) acres Lodging house: Four thousand five hundred (4,500) sf Lodging house: Four thousand five hundred 2,000 sf All other uses: Forty five hundred (4,500) square feet. All other uses: 2,000 sf Minimum land area per dwelling unit: One thousand (1,000) square feet per dwelling unit; and in the case of building additions and new construction, one thousand two hundred (1,200) square feet for each 725 s.f. dwelling unit after the first three (3) units. This requirement may be reduced by up to twenty (20) percent for a special needs independent living unit. 250 s.f 250 s.f Eight thousand (8,000) square feet for the first thirty five (35) residents, plus three hundred fifty (350) square feet for each additional resident. 250 s.f Minimum land area per permitted hostel guest when maximum None 250 s.f permitted guests is greater than 10 Street Frontage 40 feet 20 feet Minimum Front Yard Setback for Principal and Accessory Structures Principal or accessory structurese: Ten (10) feet. A front yard need not exceed the average depth of front yards on either side of the lot. A lot of record existing as of June 5, 1957, and less than one hundred (100) feet deep need not be deeper than twenty (20) percent of the depth of the lot. 5 ft, or no more than average depths of adjacent front yards. Minimum Rear Yard Setback for Principal and Accessory Structures Minimum Side Yard Setback for Principal and Accessory Structures i. Principal and attached accessory structures with ground coverage greater than one hundred (100) square feet: Twenty (20) feet. ii. Detached accessory structures with a ground coverage of one hundred and forty-four (144) square feet or less: Five (5) feet. iii. Setbacks for swimming pools shall be as provided for in section (swimming pools) of this article. i. Principal and attached accessory structures with ground coverage greater than one hundred (100) square feet: Twenty (20) feet. 10 feet, except that accessory structures with a ground coverage of one hundred and forty-four (144) square feet or less: Five (5) feet. All setbacks for swimming pools shall be as provided for in section , Swimming pools, of this article. 5 ft, except that a side yard in the R-6 zone may be reduced to zero, provided that the cumulative side yard setbacks are not less than 10 ft. A permanent maintenance easement a minimum of 5 ft. in width shall be provided on the parcel adjacent to the lot line with the reduced side setback. Side yards in R-6A shall be 10 ft. for principal structures up to 45 ft. in height and 15 ft. for principal structures greater than 45 ft.in height. ii. Detached accessory structures with a ground coverage of one hundred and forty-four (144) square feet or less: Five (5) feet. iii. Setbacks for swimming pools shall be as provided for in section (swimming pools) of this article. i. Principal and attached accessory structures with ground coverage greater than one hundred (100) square feet: Height of Structure Required Side Yard 1 story feet 2 stories feet 3 stories feet 4 stories feet 5 stories feet The width of one (1) side yard may be reduced one (1) foot for every foot that the other side yard is correspondingly increased, but no side yard shall be less than ten (10) feet. In the case of a lot of record existing as of June 5, 1957, and held under separate and distinct ownership from adjacent lots, the required side yard may be reduced in order to provide a buildable width of up to twenty four (24) feet, but in no case shall the resulting side yards be less than ten (10) feet. ii. Detached accessory structures with ground coverage of one hundred and forty-four(144) square feet or less: Five (5) feet. iii. Setbacks for swimming pools shall be as provided for in section (swimming pools) of this article. Side Yard on Side Street 10 feet None Structure Stepbacks Portions of a structure above 35 ft shall be no closer than 10 ft from the side property line and no closer than 15 feet from the rear property line when such property line abuts a residential zone. Does not apply to side yards on side streets. Maximum Lot Coverage Forty (40) percent of lot area for lots which contain twenty (20) or more dwelling units; fifty (50) percent for lots which contain fewer 60% than twenty (20) dwelling units. Minimum Lot Width 50 feet 20 feet

23 R-6 Dimensional Requirements Maximum Height Landscaped Open Space Principal and attached accessory structure: Forty five (45) feet. Accessory detached structure: Eighteen (18) feet. Uses other than bed and breakfast. Twenty (20) percent for those lots which contain fewer than twenty (20) dwelling units; thirty (30) percent for those lots which contain twenty (20) or more dwelling units. This area shall not include parking areas or other impervious surfaces as defined in section Principal and attached accessory structure: 45 ft Detached accessory structure: 18 ft In R-6A the maximum principal and attached accessory structure height shall be 65 ft. 20%. This area shall not include parking areas or other impervious surfaces as defined in section Minimum gross floor area for bed and breakfasts Maximum floor area for places of Assembly Maximum Garage Opening Date of Draft: March 5, 2014 Bed and breakfasts. A bed and breakfast that is located on a lot that has at least twenty (20) percent open space on the date of filing of the application for site plan shall not reduce the open space on the lot below 20% of the lot area. A bed and breakfast located on a lot that does not have at least 20% open space on the date of filing of the application for site plan review, and that is legally nonconforming as to the open space requirement of this section, shall not reduce the open space on the lot below the level in existence on the date of the application for site plan review. Open space areas shall not include parking areas or other impervious surface areas as defined in section Two thousand (2,000) square feet of gross floor area for the first three (3) guest rooms and five hundred (500) square feet of floor area for each additional guest room. On a collector or arterial road: Large: Not limited Medium: 4,500 sf Small: 2,250 sf Not on a collector or arterial road: Large: 4,500 sf Medium: 2,250 sf Small: 1,125 sf Two thousand (2,000) square feet of gross floor area for the first three (3) guest rooms and five hundred (500) square feet of floor area for each additional guest room. On a collector or arterial road: Large: Not limited Medium: 4,500 s.f. Small: 2,250 s.f. Not on a collector or arterial road: Large: 4,500 s.f. Medium: 2,250 s.f. Small: 1,125 s.f. Garage openings on front façades shall not exceed the greater of nine (9) feet or forty (40) percent of the front façade, and in no case shall a garage opening on a front façade exceed 20 feet.

24 Memorandum Planning and Urban Development Department Planning Division To: Chair O Brien and Members of the Portland Planning Board From: Christine Grimando, Senior Planner Date: October 24, 2014 Re: R-6 Text Amendments Meeting Date: October 28, 2014 I. Introduction The Planning and Urban Development Department is proposing text amendments to the R- 6 Residential Zone. These changes are primarily concerned with the dimensional requirements of the zone and parking standards. The provision for small residential lot development, enacted in 2005, is also proposed for elimination. An important aspect of the changes is to convert the dimensional requirements from a descriptive listing to a table format, shortening and simplifying the overall text of the ordinance. A summary of all proposed changes is included in V., below. The objective of these changes is to allow for a pattern of development that provides for greater housing opportunities, enables infill development on small parcels, and to have standards in place that make it possible for new construction to be consistent with the historic pattern of development prevalent in the neighborhoods where R-6 is prevalent. Figure 1 1

25 As the dominant on-peninsula residential zone, R-6 encompasses the majority of Munjoy Hill, Parkside, the West End, and portions of other neighborhoods. These neighborhoods, varied though they are, embody successful prewar development patterns patterns that are not mirrored in the current dimensional requirements of the R-6 zone. Though the pattern of the peninsula s built environment is largely established, incremental changes to that pattern are ongoing, and the parameters of current zoning affect urban character today and into the future. It is hoped that these changes bring Portland s zoning closer into alignment with desirable patterns of development than is currently the case, as well as offering greater flexibility to existing and future property owners. As an example of the disparity between development patterns and zoning requirements, the current minimum lot size of 4,500 square feet renders 71% of existing parcels non-conforming. Similarly, the current minimum front setback of ten feet does not reflect the predominant pattern of Portland s residential neighborhoods, and if met or exceeded would produce a place of a significantly different urban character from the historic and much loved pattern there today. On October 20 th, City Council passed an amendment to the R-6 zone to incorporate zone R-6A. These hcnages are not yet incorporated into the first draft of the amendment before you, but will be integrated in future drafts. The absence of the R-6A changes does not substantively impact the draft you are reviewing for the October 29 th workshop. II. Purpose Statement for the R-6 and Land Use Policies The purpose of the R-6 residential zone is: (a) To set aside areas on the peninsula for housing characterized primarily by multifamily dwellings at a high density providing a wide range of housing for differing types of households; and to conserve the existing housing stock and residential character of neighborhoods by controlling the scale and external impacts of professional offices and other nonresidential uses, and (b) In cases of qualifying small, vacant, underutilized lots located in the urban residential and business zone, to encourage new housing development consistent with the compact lot development pattern typically found on the peninsula. This amendment will produce R-6 standards of greater consistency with the R-6 purpose statement than the current regulations. III. Comprehensive Plan Policies Numerous recommendations in Housing: Sustaining Portland s Future, support these text changes. Policy 1 indicates zoning should encourage all types of high quality and compatible housing to enhance neighborhoods, encourages high density, small lot infill, and allowing for a range of housing types. Policy 3 (Maintain and enhance the livability of Portland s neighborhoods as the city grows and evolves through careful land use regulation, design and public participation that respects neighborhood integrity) recommends updating codes to encourage new residential development that: Offer diverse and quality living options; Encourages traditional neighborhood elements, Promotes a walkable city; Are Compatible with Portland s existing neighborhoods. It also recommends ensuring the integrity and economic value of Portland s neighborhoods, working to find productive uses for vacant and underutilized lots, and increasing density where appropriate to achieve neighborhood diversity. IV. City Council Goals. These amendments are consistent with the City Council Common Goals and Objectives for 2014, which calls for zoning ordinance to allow for greater housing opportunities. A specific housing objective states: Complete draft rewrites of the R-6, R-7 and B-2 portions of the zoning ordinance to allow for greater housing opportunities and present to Planning Board and Housing and Community Development Committee for review and 2

26 recommendations to City Council. V. Proposed Text Amendments Table 1 includes all proposed dimensional changes, with brief discussion of other proposed text amendments to follow. Table 1 Dimensional Requirements Minimum Lot Size Min. Lot Area/Dwelling Unit Minimum Lot Area/Lodging House Rooming Unit Residential Uses: 4,500 sf R-6 Existing and Proposed Existing Long-term and extended care facilities: Ten thousand (10,000) square feet for the first nine (9) residents plus seven hundred fifty (750) square feet for each additional resident, up to a total of two (2) acres. Intermediate care facility: One (1) acre. School: Thirty thousand (30,000) square feet. Places of assembly: Large, 30,000 sf; Medium, 15,000 sf; Small, 7,500 sf. Municipal Use: 4,500 sf Hospital: Two (2) acres Lodging house: Four thousand five hundred (4,500) square feet. All other uses: Forty-five hundred (4,500) square feet. Minimum land area per dwelling unit: One thousand (1,000) square feet per dwelling unit; and in the case of building additions and new construction, one thousand two hundred (1,200) square feet for each dwelling unit after the first three (3) units. This requirement may be reduced by up to twenty (20) percent for a special needs independent living unit. 250 s.f Proposed Residential Uses: 2,000 sf Long-term and extended care facilities: Ten thousand (10,000) square feet for the first nine (9) residents plus seven hundred fifty (750) square feet for each additional resident, up to a total of two (2) acres. Intermediate care facility: One (1) acre. School: Thirty thousand (30,000) square feet. Places of assembly: Large, 15,000 sf; Medium, 10,000 sf; Small, 5,000 sf. Municipal Use: 2,000 sf Hospital: Two (2) acres Lodging house: Two thousand five hundred (2,500) s.f. All other uses: Two thousand five hundred (2,000) s.f. 725 s.f. 250 s.f (Combine Lodging House Rooming Unit and Intermediate Care Facility Resident requirement) 3

27 Minimum land area per intermediate care facility resident Eight thousand (8,000) square feet for the first thirty-five (35) residents, plus three hundred fifty (350) square feet for each additional resident. see above Street Frontage 40 feet 20 feet Principal or accessory structurese: Ten (10) feet. A Minimum Front Yard front yard need not exceed the average depth of Setback for Principal front yards on either side of the lot. A lot of record 5 feet, or no more than average and Accessory Structures existing as of June 5, 1957, and less than one hundred (100) feet deep need not be deeper than twenty (20) percent of the depth of the lot. depths of adjacent front yards. Minimum Rear Yard Setback for Principal and Accessory Structures Minimum Side Yard Setback for Principal and Accessory Structures i. Principal and attached accessory structures with ground coverage greater than one hundred (100) square feet: Twenty (20) feet. ii. Detached accessory structures with a ground coverage of one hundred and forty-four (144) square feet or less: Five (5) feet. iii. Setbacks for swimming pools shall be as provided for in section (swimming pools) of this article. i. Principal and attached accessory structures with ground coverage greater than one hundred (100) square feet: Twenty (20) feet. ii. Detached accessory structures with a ground coverage of one hundred and forty-four (144) square feet or less: Five (5) feet. iii. Setbacks for swimming pools shall be as provided for in section (swimming pools) of this article. i. Principal and attached accessory structures with ground coverage greater than one hundred (100) square feet: Height of Structure Required Side Yard 1 story feet 2 stories feet 3 stories feet 4 stories feet 5 stories feet The width of one (1) side yard may be reduced one (1) foot for every foot that the other side yard is correspondingly increased, but no side yard shall be less than ten (10) feet. In the case of a lot of record existing as of June 5, 1957, and held under separate 10 feet, except that accessory structures with a ground coverage of one hundred and forty-four (144) square feet or less: Five (5) feet. Setbacks for swimming pools shall be as provided for in section (swimming pools) of this article 5 feet, except that lots under common ownership may have a minimum of 0 feet on one side yard structures, provided a cumulative of 10 feet of side yard setbacks is provided. ii. Setbacks for swimming pools shall be as provided for in section (swimming pools) of this article. 4

28 Side Yard on Side Street Structure Stepbacks and distinct ownership from adjacent lots, the required side yard may be reduced in order to provide a buildable width of up to twenty-four (24) feet, but in no case shall the resulting side yards be less than ten (10) feet. ii. Detached accessory structures with ground coverage of one hundred and forty-four(144) square feet or less: Five (5) feet. iii. Setbacks for swimming pools shall be as provided for in section (swimming pools) of this article. 10 feet 0 feet Portions of a structure above 35 ft shall be no closer than 10 ft from the side property line and no closer than 15 feet from the rear property line when such property line abuts a residential zone. Does not apply to side yards on side streets. Forty (40) percent of lot area for lots which contain Maximum Lot twenty (20) or more dwelling units; fifty (50) percent 60% Coverage for lots which contain fewer than twenty (20) dwelling units. Minimum Lot Width 50 feet 20 feet Maximum Height Landscaped Open Space Principal and attached accessory structure: Forty-five (45) feet. Accessory detached structure: Eighteen (18) feet. Uses other than bed and breakfast. Twenty (20) percent for those lots which contain fewer than twenty (20) dwelling units; thirty (30) percent for those lots which contain twenty (20) or more dwelling units. This area shall not include parking areas or other impervious surfaces as defined in section Bed and breakfasts. A bed and breakfast that is located on a lot that has at least twenty (20) percent open space on the date of filing of the application for site plan shall not reduce the open space on the lot below twenty (20) percent of the lot area. A bed and breakfast located on a lot that does not have at least twenty (20) percent open space on the date of filing of the application for site plan review, and that is legally nonconforming as to the open space requirement of this section, shall not reduce the open space on the lot below the level in existence on the date of the application for site plan review. Open Principal and attached accessory structure: Forty-five (45) feet. Detached accessory structure: Eighteen (18) feet. 20% 5

29 space areas shall not include parking areas or other impervious surface areas as defined in section Minimum gross floor area for bed and breakfasts Maximum floor area for places of Assembly Maximum Garage Opening Two thousand (2,000) square feet of gross floor area for the first three (3) guest rooms and five hundred (500) square feet of floor area for each additional guest room. On a collector or arterial road: Large: Not limited Medium: 4,500 sf Small: 2,250 sf Not on a collector or arterial road: Large: 4,500 sf Medium: 2,250 sf Small: 1,125 sf Two thousand (2,000) square feet of gross floor area for the first three (3) guest rooms and five hundred (500) square feet of floor area for each additional guest room. On a collector or arterial road: Large: Not limited Medium: 4,500 sf Small: 2,250 sf Not on a collector or arterial road: Large: 4,500 sf Medium: 2,250 sf Small: 1,125 sf Garage openings on front façade shall not exceed the greater of nine (9) feet or forty (40) percent of the front façade. The changes are meant to simplify the ordinance, provide opportunities for additional housing construction, and allow for greater flexibility on lots. To that end the density standard, currently a variable 1,000 sf per dwelling unit for the first three units, and 1,200 sf per dwelling unit thereafter (36 units per acre) is being proposed to be changed to 725 sf per dwelling unit (60 units per acre). Minimum lot size is proposed to change from 4,500 sf to 2,000 sf, better matching the dense, small lot fabric of residential neighborhoods on the peninsula. Setbacks are reduced to also better match traditional building patterns, reducing the front setback from 10 feet to 5 feet. Side and rear setbacks are similarly reduced. The changes to lot coverage and setback standards have implications for existing as well as future homeowners and property developers, allowing small additions, decks, or accessory structures to be built where they currently are not allowed, allowing greater flexibility for existing properties, and also allowing for the possibility of existing neighborhood patterns to be replicated. Other significant changes include: A provision to allow townhouse style, horizontally attached dwelling units to occur through the elimination of the side setback (Sec b). 6

30 The Small Residential Lot Development (current Sec ) is proposed to be eliminated. This standard is in place to allow for small, non-conforming lots to be developed, as the current minimum lot size renders so many small lots unbuildable. It is the goal of these changes to have a lot size sufficiently small as to eliminate the need for this provision. A maximum portion of the front façade has been set to 9 feet or 40 percent, so as not to have residential facades be disproportionately dominated by vehicle storage. Staff is proposing that the on-peninsula residential parking requirement be eliminated for the first three dwelling units. A duplex would have no parking requirement and a six unit building would be required to provide three spaces, for example. This change will better enable small lot development, allowing 1-4 unit structures such as the traditional triple decker on small lots (a well-distributed housing type in the R-6 neighborhoods), and greater viability for small scale, non-professional homebuilders. VI. Public Process Over the course of several months, staff met with each impacted neighborhood organization to discuss the proposed changes, on the following dates: June 11. West End Neighborhood Association June 16. Western Promenade Neighborhood Association July 7. St. John Valley Neighborhood Association July 14. Libbytown Neighborhood Association July 16. Parkside Neighborhood Association August 5. Bayside Neighborhood Association August 11. Munjoy Hill Neighborhood Association August 19. East Bayside Neighborhood Association Though some of these standards have changed since their initial conception, the below summary of changes that were being considered was presented at each meeting (Table 2). The same table was distributed at each meeting so that every neighborhood organization had an opportunity to respond to a common proposal, with the caveat that some of the dimensions and details of the proposal were likely to alter. Planning staff also met with the Southern Maine Landlord Association, and numerous individuals who requested meetings on the topic. Table 2 7

31 Residential Dimensional Requirements Existing Proposed Lot Size 4,500 sf 2,500 sf Min. Lot Area/Dwelling Unit 1,000-1,200 sf 725 sf Lot Area/Lodging House Rooming Unit 250 s.f 250 s.f Street Frontage 40 feet 30 feet Front Yard Setback Potential R-6 Amendments to Dimensional Requirements 10 feet, or no more than average depths of adjacent front yards 5 feet, or no more than average depths of adjacent front yards Rear Yard Setback 20 feet 10 feet Side Yard Setback feet, variable by height 5 feet Side Yard on Side Street 10 feet 0 feet Maximum Lot Coverage 40-50%, variable by # of dwelling units/lot 60% Minimum Lot Width 40 feet 30 feet Maximum Height 45 feet 45 feet Landscaped Open Space 20-30%, variable by # of dwelling units/lot 20% Parking 1 space/unit 1 space/unit, except none required for first 3 units At these meetings, staff made a brief presentation on the reasons for rezoning, how the changes related to existing neighborhood contexts, and implications for future development. A sample of one of the packets distributed for the East Bayside Neighborhood Association meeting is included as Attachment 4. The packet included examples of nonconforming parcels, with sketches demonstrating the results of existing and proposed setbacks (see example in Figure 2) to illustrate the limitations in incongruity of existing dimensional requirements. 8

32 Figure 2 The feedback we received was lively and varied, and much of it was supportive. The overall goals of zoning standards that better align with historic and desired patterns of development, the need to allow for greater housing production, and greater flexibility for property owners on small lots were received well. Feedback on the details of the proposal was far from uniform or entirely positive, though, and there were several recurrent themes that emerged: That five foot minimum side setbacks combined with a 45 foot height limit will create light and air impacts for adjacent properties. In response, the text amendments were changed to include stepbacks of an additional five feet beyond rear and side yard requirements for portions of building above 35 feet. That allowing higher densities in residential zones will hasten a loss of larger housing units and families that occupy them, including the conversion of single family homes and multi-bedroom apartments to 1- bedrooms and efficiencies. There is an existing zoning provision that speaks to this concern, placing size limits on the conversion of existing buildings into additional dwelling units. Sec requires that the creation of new multifamily dwellings originating from the alteration of an existing residential structure not result in the creation of any new dwelling unit of less than 600 square feet of floor area, and shall not result in any existing dwelling unit being reduced in size to less than one thousand (1,000) square feet of floor area. This does not prohibit division of existing units, but it does aid in the retention of a varied housing stock. That the proposed parking exemption for the first three units will have negative impacts on the livability of the impacted neighborhoods. This has been by far the most contentious aspect of the proposed changes. It should be noted there has been some genuine support for this proposal, as well as some qualified support, but also, and in greater numbers, opposition. A number of the people we ve met with were skeptical but constructively engaged with the topic, offering possible alternatives such as allowing this exemption for small developments/small parcels only, or requiring that one parking space be mandatory 9

33 and the next three exempted to insure that a driveway, and other informal uses of that space for off-street parking, were made possible. Staff does not believed this to be a drastic proposal, and it offers flexibility and the potential for reduced costs for small lot housing production. Any property developer feeling the need for more parking spaces would still have the option of providing them this is not a prohibition on providing parking for the first three spaces. Nevertheless it is topic of great import for the community member we ve met with, and deserves careful consideration. VII. Next Steps Staff to revise R-6 amendments according to Planning Board comments. Schedule a date for a follow-up workshop. VIII. Attachments 1. Proposed Text Amendments to Portland Land Use Code, Div. 7, R-6 Residential Zone 2. Proposed Text Amendments to Portland Land Use Code, Sections , , and Table of Existing and Proposed Dimensional requirements 4. EBNO Meeting Packet 5. Public Comment PC1: Todd Alexander 7/10/2014 PC2: Ann Pringle 8/19/2014 PC3: Carolyn Young 8/21/2014 PC4: Jean Russo 10/10/2014 PC5: Ron Gan 10/20/2014 PC6: Donald Peterson 10/21/

34 Memorandum Planning and Urban Development Department Planning Division To: Chair O Brien and Members of the Portland Planning Board From: Christine Grimando, Senior Planner Date: November 21, 2014 Re: R-6 Text Amendments Meeting Date: November 25, 2014 I. Introduction The Planning and Urban Development Department is proposing text amendments to the R- 6 Residential Zone. These changes are primarily concerned with the dimensional requirements of the zone and parking standards. The provision for small residential lot development, enacted in 2005, is also proposed for elimination. An important aspect of the changes is to convert the dimensional requirements from a descriptive listing to a table format, shortening and simplifying the overall text of the ordinance. A summary of all proposed changes is included in V., below. The objective of these changes is to allow for a pattern of development that provides for greater housing opportunities, enables infill development on small parcels, and to have standards in place that make it possible for new construction to be consistent with the historic pattern of development prevalent in the neighborhoods where R-6 is prevalent. Figure 1 1

35 In Spring of 2014 the Planning Department proposed an extent of East Bayside be rezoned from R-6 to R-7, in response to repeated feedback that R-6 was not conducive to most new construction proposals. Staff at the time felt that rather than keep responding to R-7 rezoning requests, that R-7 could be more widely implemented in certain areas to preempt some applications for zone changes. Staff also discussed the fact that they were also looking into changes to the R-6 zone to make it a more viable zone to work within. After hearing much neighborhood concern about a widely expanded R-7, the Board endorsed a more circumscribed area of R-7. Feedback at that same meeting urged amending the R-6 before applying the R-7 with a broad brush. That feedback also led to the changes currently being reviewed. The R-6 zone as proposed allows greater flexibility and higher density than the existing zoning, but is still substantially more restrictive than the R-7 zone in terms of frontage, density, lot coverage (0 frontage requirement, 435 square feet of land area/dwelling unit, and 100% in the R-7 zone). These revisions to the R-6 zone are the results of that R-7 discussion. As the dominant on-peninsula residential zone, R-6 encompasses the majority of Munjoy Hill, Parkside, the West End, and portions of other neighborhoods. These neighborhoods, varied though they are, embody successful prewar development patterns patterns that are not mirrored in the current dimensional requirements of the R-6 zone. Though the pattern of the peninsula s built environment is largely established, incremental changes to that pattern are ongoing, and the parameters of current zoning affect urban character today and into the future. It is hoped that these changes bring Portland s zoning closer into alignment with desirable patterns of development than is currently the case, as well as offering greater flexibility to existing and future property owners. As an example of the disparity between development patterns and zoning requirements, the current minimum lot size of 4,500 square feet renders 71% of existing parcels non-conforming. Similarly, the current minimum front setback of ten feet does not reflect the predominant pattern of Portland s residential neighborhoods, and if met or exceeded would produce a place of a significantly different urban character from the historic and much loved pattern there today. A minimum lot size of 2,000 square feet results in 86% of existing R-6 lots being conforming in the category of minimum lot size. II. Purpose Statement for the R-6 and Land Use Policies The purpose of the R-6 residential zone is: (a) To set aside areas on the peninsula for housing characterized primarily by multifamily dwellings at a high density providing a wide range of housing for differing types of households; and to conserve the existing housing stock and residential character of neighborhoods by controlling the scale and external impacts of professional offices and other nonresidential uses, and (b) In cases of qualifying small, vacant, underutilized lots located in the urban residential and business zone, to encourage new housing development consistent with the compact lot development pattern typically found on the peninsula. This amendment will produce R-6 standards of greater consistency with the R-6 purpose statement than the current regulations. III. Comprehensive Plan Policies Numerous recommendations in Housing: Sustaining Portland s Future, support these text changes. Policy 1 indicates zoning should encourage all types of high quality and compatible housing to enhance neighborhoods, encourages high density, small lot infill, and allowing for a range of housing types. Policy 3 (Maintain and enhance the livability of Portland s neighborhoods as the city grows and evolves through careful land use regulation, design and public participation that respects neighborhood integrity) recommends updating codes to encourage new residential development that: Offer diverse and quality living options; Encourages traditional neighborhood elements, Promotes a walkable city; Are Compatible with Portland s existing neighborhoods. It also recommends ensuring the integrity and economic value of Portland s neighborhoods, working to find productive uses for vacant and underutilized lots, and increasing density where appropriate to achieve 2

36 neighborhood diversity. IV. City Council Goals. These amendments are consistent with the City Council Common Goals and Objectives for 2014, which calls for zoning ordinance to allow for greater housing opportunities. A specific housing objective states: Complete draft rewrites of the R-6, R-7 and B-2 portions of the zoning ordinance to allow for greater housing opportunities and present to Planning Board and Housing and Community Development Committee for review and recommendations to City Council. V. Proposed Text Amendments Table 1 includes all proposed dimensional changes, with brief discussion of other proposed text amendments to follow. Table 1 Dimensional Requirements Minimum Lot Size Residential Uses: 4,500 sf R-6 Existing and Proposed Existing Long-term and extended care facilities: Ten thousand (10,000) square feet for the first nine (9) residents plus seven hundred fifty (750) square feet for each additional resident, up to a total of two (2) acres. Intermediate care facility: One (1) acre. School: Thirty thousand (30,000) square feet. Places of assembly: Large, 30,000 sf; Medium, 15,000 sf; Small, 7,500 sf. Municipal Use: 4,500 sf Hospital: Two (2) acres Lodging house: Four thousand five hundred (4,500) square feet. All other uses: Forty-five hundred (4,500) square feet. Proposed Residential Uses: 2,000 sf Long-term and extended care facilities: Ten thousand (10,000) square feet for the first nine (9) residents plus seven hundred fifty (750) square feet for each additional resident, up to a total of two (2) acres. Intermediate care facility: One (1) acre. School: Thirty thousand (30,000) square feet. Places of assembly: Large, 15,000 sf; Medium, 10,000 sf; Small, 5,000 sf. Municipal Use: 2,000 sf Hospital: Two (2) acres Lodging house: Two thousand five hundred (2,500) s.f. All other uses: Two thousand five hundred (2,000) s.f. 3

37 Min. Lot Area/Dwelling Unit Minimum Lot Area/Lodging House Rooming Unit Minimum land area per dwelling unit: One thousand (1,000) square feet per dwelling unit; and in the case of building additions and new construction, one thousand two hundred (1,200) square feet for each dwelling unit after the first three (3) units. This requirement may be reduced by up to twenty (20) percent for a special needs independent living unit. 250 s.f 725 s.f. 250 s.f (Combine Lodging House Rooming Unit and Intermediate Care Facility Resident requirement) Minimum land area per intermediate care facility resident Eight thousand (8,000) square feet for the first thirty-five (35) residents, plus three hundred fifty (350) square feet for each additional resident. see above Street Frontage 40 feet 20 feet Principal or accessory structures: Ten (10) feet. A Minimum Front Yard front yard need not exceed the average depth of Setback for Principal front yards on either side of the lot. A lot of record 5 feet, or no more than average and Accessory Structures existing as of June 5, 1957, and less than one hundred (100) feet deep need not be deeper than twenty (20) percent of the depth of the lot. depths of adjacent front yards. Minimum Rear Yard Setback for Principal and Accessory Structures Minimum Side Yard Setback for Principal and Accessory Structures i. Principal and attached accessory structures with ground coverage greater than one hundred (100) square feet: Twenty (20) feet. ii. Detached accessory structures with a ground coverage of one hundred and forty-four (144) square feet or less: Five (5) feet. iii. Setbacks for swimming pools shall be as provided for in section (swimming pools) of this article. i. Principal and attached accessory structures with ground coverage greater than one hundred (100) square feet: Twenty (20) feet. ii. Detached accessory structures with a ground coverage of one hundred and forty-four (144) square feet or less: Five (5) feet. iii. Setbacks for swimming pools shall be as provided for in section (swimming pools) of this article. i. Principal and attached accessory structures with ground coverage greater than one hundred (100) square feet: Height of Structure Required Side Yard 10 feet, except that accessory structures with a ground coverage of one hundred and forty-four (144) square feet or less: Five (5) feet. Setbacks for swimming pools shall be as provided for in section (swimming pools) of this article 5 feet, except that lots under common ownership may have a minimum of 0 feet on one side yard structures, provided a cumulative of 10 feet of side yard setbacks is provided. ii. Setbacks for swimming pools shall be as provided for in section (swimming pools) of this article. 4

38 Side Yard on Side Street Structure Stepbacks 1 story feet 2 stories feet 3 stories feet 4 stories feet 5 stories feet The width of one (1) side yard may be reduced one (1) foot for every foot that the other side yard is correspondingly increased, but no side yard shall be less than ten (10) feet. In the case of a lot of record existing as of June 5, 1957, and held under separate and distinct ownership from adjacent lots, the required side yard may be reduced in order to provide a buildable width of up to twenty-four (24) feet, but in no case shall the resulting side yards be less than ten (10) feet. ii. Detached accessory structures with ground coverage of one hundred and forty-four(144) square feet or less: Five (5) feet. iii. Setbacks for swimming pools shall be as provided for in section (swimming pools) of this article. 10 feet 0 feet Portions of a structure above 35 ft shall be no closer than 10 ft from the side property line and no closer than 15 feet from the rear property line when such property line abuts a residential zone. Does not apply to side yards on side streets. Forty (40) percent of lot area for lots which contain Maximum Lot twenty (20) or more dwelling units; fifty (50) percent 60% Coverage for lots which contain fewer than twenty (20) dwelling units. Minimum Lot Width 50 feet 20 feet Maximum Height Landscaped Open Space Principal and attached accessory structure: Forty-five (45) feet. Accessory detached structure: Eighteen (18) feet. Uses other than bed and breakfast. Twenty (20) percent for those lots which contain fewer than twenty (20) dwelling units; thirty (30) percent for those lots which contain twenty (20) or more dwelling units. This area shall not include parking areas or other impervious surfaces as defined in section Principal and attached accessory structure: Forty-five (45) feet. Detached accessory structure: Eighteen (18) feet. 20% 5

39 Minimum gross floor area for bed and breakfasts Maximum floor area for places of Assembly Maximum Garage Opening Bed and breakfasts. A bed and breakfast that is located on a lot that has at least twenty (20) percent open space on the date of filing of the application for site plan shall not reduce the open space on the lot below twenty (20) percent of the lot area. A bed and breakfast located on a lot that does not have at least twenty (20) percent open space on the date of filing of the application for site plan review, and that is legally nonconforming as to the open space requirement of this section, shall not reduce the open space on the lot below the level in existence on the date of the application for site plan review. Open space areas shall not include parking areas or other impervious surface areas as defined in section Two thousand (2,000) square feet of gross floor area for the first three (3) guest rooms and five hundred (500) square feet of floor area for each additional guest room. On a collector or arterial road: Large: Not limited Medium: 4,500 sf Small: 2,250 sf Not on a collector or arterial road: Large: 4,500 sf Medium: 2,250 sf Small: 1,125 sf Two thousand (2,000) square feet of gross floor area for the first three (3) guest rooms and five hundred (500) square feet of floor area for each additional guest room. On a collector or arterial road: Large: Not limited Medium: 4,500 sf Small: 2,250 sf Not on a collector or arterial road: Large: 4,500 sf Medium: 2,250 sf Small: 1,125 sf Garage openings on front façade shall not exceed the greater of nine (9) feet or forty (40) percent of the front façade. The changes are meant to simplify the ordinance, provide opportunities for additional housing construction, and allow for greater flexibility on lots. To that end the density standard, currently a variable 1,000 sf per dwelling unit for the first three units, and 1,200 sf per dwelling unit thereafter (36 units per acre) is being proposed to be changed to 725 sf per dwelling unit (60 units per acre). Table 2 illustrates the implications of Current R-6 Density Proposed R-6 the proposed change Table 2 ( sf/du) Density (725 sf/du) to the density standard on three lot sizes. Minimum lot size is proposed to change from 2000 sf lot 2 units 2 units 4,500 sf to 2,000 sf, better matching the dense, 3000 sf lot 3 units 4 units small lot fabric of residential neighborhoods on 4500 sf lot 4 units 6 units the peninsula. Setbacks are reduced to also better match traditional building patterns, reducing the front setback from 10 feet to 5 feet. Side and rear setbacks are similarly reduced. The changes to lot 6

40 coverage and setback standards have implications for existing as well as future homeowners and property developers, allowing small additions, decks, or accessory structures to be built where they currently are not allowed, allowing greater flexibility for existing properties, and also allowing for the possibility of existing neighborhood patterns to be replicated. Other significant changes include: A provision to allow townhouse style, horizontally attached dwelling units to occur through the elimination of the side setback (Sec b). The Small Residential Lot Development (current Sec ) is proposed to be eliminated. This standard is in place to allow for small, non-conforming lots to be developed, as the current minimum lot size renders so many small lots unbuildable. It is the goal of these changes to have a lot size sufficiently small as to eliminate the need for this provision. A maximum portion of the front façade has been set to 9 feet or 40 percent, so as not to have residential facades be disproportionately dominated by vehicle storage. Staff is proposing that the on-peninsula residential parking requirement be eliminated for the first three dwelling units. A duplex would have no parking requirement and a six unit building would be required to provide three spaces, for example. This change will better enable small lot development, allowing 1-4 unit structures such as the traditional triple decker on small lots (a well-distributed housing type in the R-6 neighborhoods), and greater viability for small scale, non-professional homebuilders. There have been several minor changes since the October workshop: Recently enacted R-6A changes have been incorporated into the current draft amendment. The October draft amendment included variable side yard setbacks. These have been removed for a constant 5 foot side yard setback. There is a current provision in the R-6 use standards that requires existing residential structures to main a minimum size of 1,000 square feet of floor area when creating new units and also that a new unit in the structure not be less than 600 square feet of floor area. This has been moved from the use standards, Sec , to the dimensional standards, , and has been substantively amended in two ways 1) it currently applies only to multi-family residential, and is being proposed to also apply to single- and twofamily residential, and 2) The applicability date of structures in existence as of 1987 (when the provision was first implemented) is being proposed to be updated to date of enactment of these changes. The Townhouse/horizontally attached dwelling unit language has been clarified. The intent is for this form of construction to be able to occur, which requires superseding side yard setbacks, and for them to be able to occur for individually owned units. The standard applies to subdivisions, which would begin under common ownership, and then be sold to individuals after approval. VI. Public Process Over the course of several months, staff met with each impacted neighborhood organization to discuss the proposed changes, on the following dates: 7

41 June 11. West End Neighborhood Association June 16. Western Promenade Neighborhood Association July 7. St. John Valley Neighborhood Association July 14. Libbytown Neighborhood Association July 16. Parkside Neighborhood Association August 5. Bayside Neighborhood Association August 11. Munjoy Hill Neighborhood Association August 19. East Bayside Neighborhood Association Though some of these standards have changed since their initial conception, the below summary of changes that were being considered was presented at each meeting (Table 3). The same table was distributed at each meeting so that every neighborhood organization had an opportunity to respond to a common proposal, with the caveat that some of the dimensions and details of the proposal were likely to alter. Planning staff also met with the Southern Maine Landlord Association, and numerous individuals who requested meetings on the topic. Table 3 Potential R-6 Amendments to Dimensional Requirements Residential Dimensional Requirements Existing Proposed Lot Size 4,500 sf 2,500 sf Min. Lot Area/Dwelling Unit 1,000-1,200 sf 725 sf Lot Area/Lodging House Rooming Unit 250 s.f 250 s.f Street Frontage 40 feet 30 feet Front Yard Setback 10 feet, or no more than average depths of adjacent front yards 5 feet, or no more than average depths of adjacent front yards Rear Yard Setback 20 feet 10 feet Side Yard Setback feet, variable by height 5 feet Side Yard on Side Street 10 feet 0 feet Maximum Lot Coverage 40-50%, variable by # of dwelling units/lot 60% Minimum Lot Width 40 feet 30 feet Maximum Height 45 feet 45 feet Landscaped Open Space 20-30%, variable by # of dwelling units/lot 20% Parking 1 space/unit 1 space/unit, except none required for first 3 units At these meetings, staff made a brief presentation on the reasons for rezoning, how the changes related to existing neighborhood contexts, and implications for future development. A sample of one of the packets distributed for the East Bayside Neighborhood Association meeting was included at the October workshop. The packet included examples of nonconforming parcels, with sketches demonstrating the results of existing and proposed setbacks (see example in Figure 2) to illustrate the limitations in incongruity of existing dimensional requirements. 8

42 Figure 2 The feedback we received was lively and varied, and much of it was supportive. The overall goals of zoning standards that better align with historic and desired patterns of development, the need to allow for greater housing production, and greater flexibility for property owners on small lots were received well. Feedback on the details of the proposal was far from uniform or entirely positive, though, and there were several recurrent themes that emerged: That five foot minimum side setbacks combined with a 45 foot height limit will create light and air impacts for adjacent properties. In response, the text amendments were changed to include stepbacks of an additional five feet beyond rear and side yard requirements for portions of building above 35 feet. That allowing higher densities in residential zones will hasten a loss of larger housing units and families that occupy them, including the conversion of single family homes and multi-bedroom apartments to 1- bedrooms and efficiencies. There is an existing zoning provision that speaks to this concern, placing size limits on the conversion of existing buildings into additional dwelling units. Sec requires that the creation of new multifamily dwellings originating from the alteration of an existing residential structure not result in the creation of any new dwelling unit of less than 600 square feet of floor area, and shall not result in any existing dwelling unit being reduced in size to less than one thousand (1,000) square feet of floor area. This does not prohibit division of existing units, but it does aid in the retention of a varied housing stock. That the proposed parking exemption for the first three units will have negative impacts on the livability of the impacted neighborhoods. This has been by far the most contentious aspect of the proposed changes. It should be noted there has been some genuine support for this proposal, as well as some qualified support, but also, and in greater numbers, opposition. A number of the people we ve met with were skeptical but constructively engaged with the topic, offering possible alternatives such as allowing this exemption for small developments/small parcels only, or requiring that one parking space be mandatory and the next three exempted to insure that a driveway, and other informal uses of that space for off-street parking, were made possible (this last would also allow for the possibility of more than one car parking in 9

43 tandem in a driveway City regulations do not give credit to tandem parking spaces, but in practice driveways often hold multiple cars). Staff does not believed this to be a drastic proposal, and it offers flexibility and the potential for reduced costs for small lot housing production. Any property developer feeling the need for more parking spaces would still have the option of providing them this is not a prohibition on providing parking for the first three spaces. Nevertheless it is topic of great import for the community member we ve met with, and deserves careful consideration. Additional feedback has been received since the October workshop, and written comment is attached. Some issues/questions raised in the last month: VII. Parking standards remain a concern. What is the relationship of these changes to affordable housing? These text amendments don t make any specific affordability proposals. By allowing for more housing to be constructed, both in overall allowed density, and in allowing for small lots to be built upon, the overall supply, and diversity of the housing supply will be added to. Have these changes been brought forward at the request of developers? These amendments are not at the request of a private developer, and will benefit individual property owners, and small, non-professional property developers as much as developers of larger scale projects. How these changes will benefit, or not benefit a recent application for Sumner Court? These amendments are not being influenced by that application, or future proposals for that property (substantive discussion of a specific application should be discussed at an advertised meeting for that application). Generally, the elimination of the Small Residential Lot provision adds greater predictability to development going forward. But introducing smaller minimum lot sizes and other reduced dimensional standards zone-wide, the need for the Small Residential Lot standard is eliminated and with it some very relaxed standards, such as no minimum lot size, and critically, no minimum street frontage requirement. Concern with the impact on neighborhood character of garage doors as part of a front façade. Staff s concern with this is why a maximum percentage of the front façade dedicated to garage doors is proposed. Without this standard, garage doors could dominate first floor frontages. Simultaneously, allowing some garage presence seems reasonable, and not detrimental if not the dominant street-level use. Non-conforming lot mergers Staff indicated changes to these standards would be brought forward in November. They are not being brought forward just yet, though we are actively engaged in drafting alternatives to the current standards. These standards affect lots beyond the R-6 zone, and are complex enough to be considered as their own, freestanding amendment. The R-6 text amendments also do not require changes to the non-conforming lot merger provisions to be functional, positive changes to the current, ill-sized dimensional standards. Planning staff will present these changes in the near future as amendments brought forward in conjunction with the R-6 zone, or as a freestanding amendment, according to Board feedback and direction. VIII. Next Steps Staff to revise R-6 amendments according to Planning Board comments. Schedule a date for a follow-up workshop or public hearing, as needed. IX. At the November 25 th meeting there ll be a selection of accompanying visuals presented. X. Attachments 1. Proposed Text Amendments to Portland Land Use Code, Div. 7, R-6 Residential Zone 2. Proposed Text Amendments to Portland Land Use Code, Sections , and

44 3. Table of Existing and Proposed Dimensional requirements Public Comment PC1, B. Vestal PC2, A. Pringle PC3, J. McManamy PC4, Jack/Platt PC5, PHA PC6, K. Snyder PC7, R. Yarnold PC8, L. Davey PC9, L. Parsons PC10, JD Cowie PC11, Z. Barowitz PC12, B. Burwell PC13, Z. Barowitz PC14, JD. Cowie PC14, G. Kuhlthau 11

45 Memorandum Planning and Urban Development Department Planning Division To: Chair O Brien and Members of the Portland Planning Board From: Christine Grimando, Senior Planner Date: January 16, 2015 Re: R-6 Text Amendments Meeting Date: January 20, 2015 I. Introduction The Planning and Urban Development Department is proposing text amendments to the R-6 Residential Zone. These changes are primarily concerned with the dimensional requirements of the zone and parking standards. The provision for small residential lot development, enacted in 2005, is proposed for elimination. Changes are also proposed to clarify standards for lots of record. Finally, an important aspect of the changes is to convert the dimensional requirements from a descriptive listing to a table format, shortening and simplifying the overall text of the ordinance. The Planning Board has held two previous workshops on this topic, on October 28 th and November 25 th. Both memos and their attachments are included as Attachment 4 & 5, for reference, as well as a complete draft of the proposed changes in Attachment 1. The bulk of this memo focuses on areas of change since the November workshop. II. Comprehensive Plan Policies Numerous recommendations in Housing: Sustaining Portland s Future, support these text changes. Policy 1 indicates zoning should encourage all types of high quality and compatible housing to enhance neighborhoods, encourages high density, small lot infill, and allowing for a range of housing types. Policy 3 (Maintain and enhance the livability of Portland s neighborhoods as the city grows and evolves through careful land use regulation, design and public participation that respects neighborhood integrity) recommends updating codes to encourage new residential development that: Offer diverse and quality living options; Encourages traditional neighborhood elements, Promotes a walkable city; Are Compatible with Portland s existing neighborhoods. It also recommends ensuring the integrity and economic value of Portland s neighborhoods, working to find productive uses for vacant and underutilized lots, and increasing density where appropriate to achieve neighborhood diversity. III. Changes to the Text Amendments since November a. Cumulative Side Setbacks. 1

46 Five foot side setbacks are proposed for the R-6 zone. The dimensional standards proposed are made with the needs and viability of small lots in mind. Comments were made at previous meetings, by the public and by the Board, regarding the need for flexibility if small lots were to accommodate both a building and a driveway. Existing residential patterns in the R-6 zone show a preponderance of houses hugging one property Figure 1 line, and a driveway along the other (Figure 1, a sketch to illustrate existing and proposed setbacks, shows this common existing non-conforming condition of a lot on Spring Street). To make this configuration a possibility in the future, the amendment now includes the following side setback requirement: 5 ft, except that a side yard in the R-6 zone may be reduced to zero, provided that the cumulative side yard setbacks are not less than 10 ft. A permanent maintenance easement a minimum of 5 ft. in width shall be provided on the parcel adjacent to the lot line with the reduced side setback. b. Lodging House Minimum Lot Size Currently the minimum lot size for a Lodging House is 4,500 square feet, the same minimum lot size as permitted for residential uses. When the initial draft amendment for a reduction of residential lot sizes was put forward, this number was made correspondingly smaller to maintain consistency between the Lodging House and the Residential use standard. In the previous month, the reduction in Lodging House lot size has been brought to staff s attention as a source of concern in several neighborhoods, and the standard has been adjusted back to the current 4,500 square feet. c. Parking Standards Planning Board and staff has received a great deal of public input and concern (in addition to some support) in regard to the proposed changes to the residential parking standards, which would exempt the first three residential units from providing parking. This is not a proposal for a prohibition on providing off-street parking, and we expect that a majority of proposals for new residential development will continue to incorporate off-street parking where feasible. The proposal is made in the hope it grants some flexibility for small lots that might otherwise be challenged to make lot dimensions work for a new structure and a new parking spaces, both. In light of the recent feedback received, an alternative proposal for amended parking standards is included (Attachment 2). Instead of the exemption from the first three spaces, the alternate standard states that Where creation of a new driveway opening would result in the loss of on-street parking, no off-street parking is required for the first dwelling unit. Currently, a single dwelling unit in the R-6 zone is required to provide one parking space. New curb cuts can impact one, and sometimes more, on-street space (depending on the 2

47 location of the curb cut in relation to the spacing of existing on-street parking spaces). This alternative parking language is an exemption for the first required space where it would require a new driveway, and would not create a net gain in new parking. It is not a prohibition on new driveways or off-street parking, and grants some flexibility for small lots and new single family homes should they wish to take advantage of this exemption, with no net loss of parking. In addition to this alternate parking amendment, Planning staff is proposing a change to the City Technical Manual, discussed in III, below. The two provisions in combination offer substantial flexibility in meeting required parking amounts. This will hopefully quell some of the public s concerns that a full exemption for the first three required parking spaces will dramatically and negatively impact on-street parking supply on the peninsula. These two parking provisions exemption from the first unit where a new driveway opening is required, and the exemption of the first three spaces - are for discussion at the January 20 th workshop. If one is preferable to the Board, that version would be posted with rest of the R-6 amendments for the subsequent meeting. d. Lot Mergers/Lots of Record Changes to the definition of Lot, as well as to , Lots of Record and accessory structure setbacks for existing buildings are attached. Organizational, structural changes to the section are included, in addition to substantive changes to the section. These changes maintain minimum standards for existing non-conforming lots, both for contiguous lots under common ownership and individual lots, while granting them relief from meeting all current dimensional standards. Under current zoning, contiguous lots of record under common ownership are interpreted as a single tract of land. By changing the dimensional standards to include smaller lot sizes and reduced setbacks, many of these previously unbuildable small lots will return to the pool of buildable property. To account for the inability of many existing lots to meet all dimensional standards - a lot that contains an existing building that does not meet existing setbacks, for instance, would not qualify as meeting all dimensional requirements, and would still merge with an adjacent lot under common ownership such contiguous lots are only required to meet minimum lot size and frontage requirements to maintain their separate, buildable status. The changes to states that Contiguous lots of record under common ownership shall be deemed to be separate lots, provided that they either meet the minimum lot area and minimum frontage of the zone in which they are located, or the minimum applicable standards of (a-d). In the R-6 this would mean contiguous lots under common ownership would need to be a minimum of 2,000 square feet in lot size, and have a minimum street frontage of 20 feet. Maintaining a basic standard of a small minimum lot size and minimum street frontage allows for small, nonconforming lots of record to function as buildable lots, without disqualifying them for the other possible dimensional nonconformities that may exist, such as existing buildings at lot lines. IV. Technical Standards In addition to this alternative, we are proposing an amendment to the City s Technical Manual for the addition of a Tandem Parking standard as a legitimate means to meet parking requirements. Tandem 3

48 parking is the placement of two or more vehicles in a row directly behind one another. Off-street parking often occurs in this way, with two or more parking spaces parked in tandem in a driveway. Recognizing tandem parking as a way to satisfy, in part or in whole, a residential parking requirement would grant additional parking flexibility, free up valuable land area, and potentially reduce construction costs. Many cities allow some measure of tandem parking to meet residential requirements, often with limits and conditions in regard to total number, dimensions, and qualifying zones. A sampling of places with tandem parking provisions in their codes includes: Berkeley, Boston, Burlington, Hoboken, Mankato, Miami, Nantucket, Phoenix, Providence, Salt Lake City, among others. An amendment to the Technical Manual requires a dedicated public hearing by the Planning Board, distinct from the R-6 amendments. As this is a new topic, and an outgrowth of the R-6 amendment process, staff will bring a Technical Manual forward at the next available agenda to allow for up to three tandem parking spaces in a residential driveway, accompanied by minimum dimensional requirements. This will be a practical, valuable change, as well as one that respects existing development patterns and the constraints of small, urban lots. V. Other Issues a. Life Safety Codes At the previous workshop it was asked if these reduced setbacks are consistent with Life Safety requirements. Zoning and building codes are distinct standards new development has to satisfy, and among possible others, depending on the location and extent of the change. Specifically, the question arose whether it was possible to have residential construction as close as the amendment would allow, and by extension whether a possible contradiction in requirements was being established. The applicable building codes allow for very close, as well as joined, residential construction. As buildings get closer together, the construction standards change in response to that proximity. A sample of standards from what is a large and complex set of building codes is below: Maximum Area of Exterior Wall Openings Based on Fire Separation Distance and Degree of Opening Protection (Sample) Exterior Wall Distance Degree of Protection Allowable Area for Openings Unprotected, Non-Sprinklered None 0-3 ft Unprotected, Sprinklered None Protected None Unprotected, Non-Sprinklered 10% 5-10 ft Unprotected, Sprinklered 25% Protected 25% Unprotected, Non-Sprinklered 25% ft Unprotected, Sprinklered 75% Protected 75% Unprotected, Non-Sprinklered 70% ft Unprotected, Sprinklered No Limit Protected No Limit Source: 2009 International Building Code Construction materials, sprinkling requirements, and allowable openings (windows and doors) on exterior walls, alter according to distance between buildings. b. Affordable Housing. 4

49 The question of the relationship of the proposed zoning changes to affordable housing has been asked at recent workshops. To clarify this point, as it may come up at future meetings on the R-6 amendments, these text amendments don t include affordability requirements, or requirements that any housing be kept at specified affordability levels in perpetuity. The City recently had a housing study completed ( evaluating a range of tools and strategies to consider towards fostering greater housing affordability. Changing the requirements of the R-6 zone is one tool among many, and these changes do encourage housing affordability in allowing greater numbers of housing units to be created than is currently permitted, and by proposing to reduce parking requirements which impact affordability in both lowering total construction costs and in allowing more land to be dedicated to housing. By lowering the minimum lot size the possibility for small increments of development increases, and with it the potential for owner-occupied duplexes and triplexes. These changes support a diversity of housing choices, and with them the potential to add to the housing supply in a context that is consistent with the existing neighborhood patterns that would be impossible to replicate under the current zoning standards. c. Parking Impacts There is no comprehensive city-wide or peninsula-wide parking assessment of total usage of on-street spaces, or total parking need. In addition to supporting reducing parking requirements as one tool to assist in creating more affordable housing, the housing study recently completed by the Greater Portland Council of Governments also cites United States census data that shows that the percentage of households on-peninsula with 0-1 vehicles (77%) is far greater than the national average of 44%. Further insight into current trends can be found in several recent assessments for specific development proposals which have assessed the average need of the peninsula to be.48 spaces per apartment. Attachment 6 is an excerpt of traffic and parking analysis conducted by Gorrill-Palmer Consulting Engineers for a recently approved Avesta Housing project on Washington Avenue. It cites five other parking assessments done for the City. A similar question was raised for the Bayside Anchor project in East Bayside during its review in the summer of 2014, and similar conclusions were reached. Though parking space demand will vary across households, this assessment has been affirmed, and peer reviewed, in several recent studies that have accompanied development proposals to the Planning Board. Support for reduced parking requirements extends to housing affordability considerations, but also to the topics of walkable communities, transit, sustainability and urban design. Below is a cursory sample listing of the many publications on this issue, from a variety of sources and disciplines, each emphasizing the value of reducing minimum parking requirements. Developing Parking Policies to Support Smart Growth in Local Jurisdictions: Best Practices. Wilbur Smith Associates, et al. ce_ pdf Parking Management Best Practices. Todd Litman (Book) Parking Requirement Impacts on Housing Affordability. Todd Litman, Victoria Transport Policy Institute. 5

50 Parking Spaces/Community Places: Finding the Balance through Smart Growth Solutions. US. Environmental Protection Agency. Smart Growth Alternatives to Minimum Parking Requirements. Christopher V. Forinash, Adam Millard-Ball, Charlotte Dougherty and Jeffrey Tumlin (Book) Walkable City. Jeff Speck (Book) d. Visuals of Proposed Changes Tuesday s workshop will include a slideshow of the following visuals as they pertain to the R-6 zone: vacant lots, vacant lots 2,000 sf+, total non-conforming lots (according to minimum lot size) under current zoning and proposed, a density map, and analysis of the zoning changes as they relate to a section of Parkside. VI. Next Steps The January 20 th workshop will be the third on the R-6 and related changes. We hope the Board feels this has been sufficient time dedicated to this topic, and that a public hearing can be scheduled on the proposed amendments. VII. Attachments 1. Proposed Text Amendments to Portland Land Use Code, Div. 7, R-6 Residential Zone, 14-47, , Alternate Parking Text Amendment 3. Table of Existing and Proposed Dimensional requirements 4. October 28 th Planning Board Memo 5. November 25 th Planning Board Memo 6. Gorrill-Palmer Parking Analysis (excerpt from prior application) 7. Public Comment PC1 PC2 6

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53 Maine Voices: Zoning for Portland s older, urban neighborhoods should reflect reality pressherald.com /2015/01/15/maine-voices-zoning-for-portlands-older-urban-neighborhoods-shouldreflect-reality/ By Kevin Donoghue When I was a community planning and development student at the Muskie School of Public Service, among the more instructive assignments was for the class Elements of Town Design, taught by Theo Holtwijk. He asked students to select a neighborhood we loved and assess its compliance with zoning. Then living in the West End, I chose to assess Andrews Square, at Pine and West streets, in the R6 Urban Residential Zone the same zoning that regulates most neighborhoods in both the West End and East End of Portland. about the author Kevin Donoghue represents District 1 on the Portland City Council and heads the council s Housing and Community Development Committee. A Munjoy Hill resident, he can be contacted at: [ protected] What I had found was no surprise to Holtwijk, but for me it served as nothing short of a revelation. Andrews Square, like nearly all of the great neighborhoods chosen by the students, was illegal. The buildings had too many units with too few parking spaces on lots that were far too small. Surprisingly, few of the buildings were too tall. Indeed, most were far short of the current limits. Somehow, the zoning for our most beloved neighborhoods had evolved into a prescription for a future with taller buildings on larger lots with fewer, bigger units and more parking spaces, the construction costs and purchase prices of which ensured that little would be built until now. During the eight years that I have represented the East End on the Portland City Council, I have seen a sharp rise in housing costs and the arrival of a population willing to pay nearly any price to live in taller buildings on larger lots with fewer, bigger units with more parking spaces a demand that developers are glad to fulfill, not least because it is what the zoning prescribes. Meanwhile, those who would build middle-class homes reflective of the ones many of us live in must petition for variances known as contract zones, a risk that few will take. What this zoning has yielded is not only exclusive but also alien to neighborhood context, as it has prevented many homeowners from making basic updates to nonconforming buildings. Indeed, all three members of the City Council residing in the R6 Urban Residential Zone live in buildings that would be illegal to construct today. The three-unit building where my family lives is on a lot that is both too small and too narrow, as well as having too many units for its size. Complete with an illegal driveway that offers tandem parking, my building is also typical of Munjoy Hill. It is difficult to understand what city planners had once found so objectionable about our homes. If we all love our neighborhoods, both their design and diversity, we really ought to legalize them.

54 On Tuesday, at its next meeting, the Portland Planning Board will continue to review the R6 Urban Residential Zone, as requested by me and the other members of the City Council s Housing and Community Development Committee. The board will also consider amendments that contain descriptions of the traditional urban development patterns actually found in our neighborhoods. This means, among other things, lowering minimums for lot sizes and frontage requirements to reflect what s found on the ground. It also means relaxing density limits to allow the most typical of traditional urban housing types: tripledeckers with driveways for three cars, rather than with surface parking lots for as many cars as would now be mandated by the zoning. As I listened to public comment in October, at the last Planning Board meeting on this topic, I heard many of my neighbors express both an affinity for where they live as well as some alarm at recent trends in neighborhood development. On these matters, we are in complete agreement. I also heard helpful criticism aimed at decoding and revealing our neighborhoods essential DNA, including the intricate patterns between building height and side setbacks needed for driveways. Nevertheless, misunderstanding persists about whether legalizing the neighborhoods we all love threatens our neighborhoods with perdition. Instead, I believe it may well promise their salvation. Special to the Press Herald Share Read or Post Comments Were you interviewed for this story? If so, please fill out our accuracy form. Send questions/comments to the editors.

55 Attachment XXX Map of Vacant R-6 Land Vic. of Sumner Court and Cumberland Ave K-60 CUMBERLAND AVE SF K-49 SUMNER COURT 8122 SF K-71 CUMBERLAND AVE R SF Total area: 14, 991 SF

May 12, Chapter RH HILLSIDE RESIDENTIAL ZONES REGULATIONS Sections:

May 12, Chapter RH HILLSIDE RESIDENTIAL ZONES REGULATIONS Sections: May 12, 2017 Chapter 17.13 RH HILLSIDE RESIDENTIAL ZONES REGULATIONS Sections: 17.13.010 Title, intent, and description. 17.13.020 Required design review process. 17.13.030 Permitted and conditionally

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